Online Reporter
Court Reporter-Fidelis Munyoro
THE Labour Court has dismissed an application for condonation of the late filing of an appeal by Willbrought Muleya, an employee of the National Prosecuting Authority (NPA).
The application was heard before Justice Lawrence Murasi on May 27, 2025.
The case arose from a disciplinary hearing conducted in August 2024, where Muleya was found guilty of storing offensive images on his mobile device.
The disciplinary authority issued a reprimand as a penalty in December 2024. Muleya sought to appeal the ruling but acknowledged that the appeal had been filed outside the permissible time frame.
Justice Murasi stated that condonation is not granted as a formality and is contingent on a detailed explanation for the delay and evidence of prospects of success.
The court found Muleya’s explanation for the 54-day delay inadequate and unsupported by evidence.
“The applicant has not provided a reasonable or acceptable explanation for the delay,” the judge said, adding that the absence of a supporting affidavit from Muleya’s former legal practitioners undermined his case.
The court also addressed Muleya’s prospects of success, concluding they were “tenuous at best”.
It rejected arguments that the disciplinary authority relied on undisclosed evidence or improperly shifted the burden of proof.
The judge noted that the evidence presented, including testimony from a police officer, was sufficient to establish that the explicit images originated from Muleya’s phone.
“On a balance of probabilities, the conclusion that the images originated from the applicant’s device was not only reasonable but inescapable,” Justice Murasi ruled.
In conclusion, the application for condonation was dismissed, with no order as to costs.
